By Helen Klein
It’s a question of access. As the city’s Department of Transportation (DOT) moves forward with plans to purchase a small piece of land adjacent to the Avenue H bridge at East 40th Street and Albany Avenue, one local businessman is worried that the transfer of the property from the Metropolitan Transportation Authority (MTA) to DOT could affect his ability to make a living. Mike Granica, who has owned Engine Kings, at 4001 Avenue H, since 1985, said that he pays a monthly rent to MTA to utilize the piece of property, at the northwest corner of the intersection, to gain access to the property he owns and where his auto repair shop is situated. And, he is concerned that, once the property changes hands, DOT may not extend that same opportunity to him, effectively shutting down his shop. “If they take away the front, I lose everything,” Granica told this paper, “because I don’t have access.” Granica said he would like to buy the piece of property himself. About two years ago, he recalled, an attorney for the Long Island Railroad had approached him and asked him if he would be interested in purchasing it. He had replied in the affirmative, he said, but the process had stalled because the attorney for the LIRR, “Couldn’t find someone from the city to sign the papers.” Granica said that if he purchased the property, he would, “always have access.” But, he added, so would DOT. “I would sign papers to give them the rights,” he averred. Granica tried to explain to Community Board 17 what his worries were. However, his concerns did not get much sympathy during the board’s January meeting, where DOT presented its plan to the group gathered at Winthrop Intermediate School, 905 Winthrop Street. After hearing from Land Use Chairperson Albert Payne that the board’s Land Use Committee had come down in favor of approving the application, the board voted overwhelmingly to approve the ULURP (uniform land usage review procedure) application that had been made on the agency’s behalf. ULURP is necessary because the sale requires a change in the city’s map. The application indicates that the change involves, “The widening of Avenue H at the northwest corner of its intersection with Albany Avenue; the adjustment of grades on Avenue H, Albany Avenue and East 40th Street; and any acquisition or disposition or real property related thereto.” Thirty two members of the board voted in favor of the map change, and three abstained. Prior to the vote, Andrew Parker, a consultant to DOT, said that the agency wished to gain possession of the 8,000 square foot property to enable it to maintain the bridge, which had been rehabilitated about a decade ago. “There is no further work involved,” he told board members. “The idea is for the city to retain long-term control over the parcel so should long-term repairs be needed, nothing will obstruct their ability to do that.” Nonetheless, DOT would reconfigure the bridge somewhat should it acquire the property, said Parker. “The corner of the lot would become part of the sidewalk,” he told the board. “The portion beyond the bridge could be fenced and maintained as best as DOT can do.” As for the auto repair shop, Parker said it was a “non-conforming” use in the residential district. “It presents a lot of clutter. It’s not a happy situation in that context,” he told the board. Nonetheless, Parker said, “I can’t speak to the long-term plans of DOT other than to maintain the access to the bridge.” Contacted for comment, Ted Timbers, a spokesperson for DOT, said, “We are not looking to close down the man’s shop. If we acquire the property, he will still have 55 feet for access on Avenue H and 27 and a half feet on East 40th Street.” Nonetheless, “He possibly may lose part of what he uses for access now,” Timbers acknowledged, stressing, however, that, “DOT is looking to acquire property that will allow us to inspect and maintain the bridge. It’s in the public interest for the city to own the property and have access to the bridge.” The ULURP application had previously been approved unanimously by Community Board 18. The site is on the border between the two board areas. The recommendations of the two community boards are advisory only. The application must still be reviewed by the borough president, the City Planning Commission and the City Council.
